Criminal Law Questions? Ask a Criminal Lawyer.
You should certainly hire an attorney. The problem is that since this is a felony case, the court is going to want something to assure her appearance at all court proceedings, until the case is resolved. This is normally done by setting a bail on a person and having them post a bond. The attorney can try and contact the State Attorney, before charges are filed and try to explain the situation to them. They may be willing to not proceed with criminal charges, since the car was returned and if you are willing to pay for any damages they may have suffered. Moreover, if you can prepare a statement that your attorney can show them, they may see this was out of the control of your mother and brought on because of your actions. The State Attorney may agree to an in court surrender, to at least serve notice of the charges and the Judge may be willing to release your mom on her own recognizance, that she will show up, considering the circumstances.
Thanks for the speedy response! The rental car agency and detective says that they are going to turn it over today at 5pm. So what should we do first? Contact the lawyer? State Attorney or wait?
Lawyer. You are not able to speak with the State Attorney. The lawyer will contact the case filer and try to get them to not file the charges, if he can show a substantial reason.
Thank you for allowing me to answer your question. Please click the ACCEPT button, so I can get credit for my answer.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).